AB 540, signed into law on October 12, 2001, authorizes any student, including undocumented students who meet specific criteria to pay in-state tuition at California's public colleges and universities (e.g. California Community Colleges, California State University, University of California).

Any student, except a person in nonimmigrant status, who meets the requirements, shall be exempt from paying nonresident tuition at all public colleges and universities in California if they meet the following requirements:

AB 540 Eligibility Requirements

Students must have attended a California high school for 3 or more years and have graduated or attained the equivalent of a high school diploma;

Students must have registered or currently be enrolled at an accredited institution of higher education in California;

Students must have filed or will file an affidavit as required by individual institutions, stating that they will apply for legal residency as soon as possible;

Students may not be non-immigrants holding a valid lettered non-immigrant visa.